Town of Neversink, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Neversink 10-10-1990 as L.L. No. 2-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 26.
Flood damage prevention — See Ch. 27.
Mobile home parks — See Ch. 30.
Subdivision of land — See Ch. 41.
[Adopted 10-10-1990 as L.L. No. 2-1990]
The Code of the Town of Neversink is hereby amended by deleting and repealing Chapter 29, Land Use, Article I, Limited Building and Subdivision Moratorium.
The Code of the Town of Neversink is hereby amended by adding thereto a new chapter, to replace Chapter 29 hereinabove repealed, to be Chapter 29, Land Use, Article I, Limited Building and Subdivision Moratorium of 1990, to read as follows.
This Article shall be known as the "Limited Building and Subdivision Moratorium of 1990."
The purpose of this Article is to protect the public health, safety and welfare by assuring adequate water supply and sewage disposal facilities throughout the town and to preserve the rural character of the town pending the adoption of a Master Plan and the consideration for adoption of a Zoning Law.
A. 
The Town of Neversink is located in rural northeastern Sullivan County, partially within the Catskill Park. Traditionally, Neversink has been a town exempt from large-scale development due to its remote location.
B. 
Neversink is a town which has steep slopes and fragile and shallow soils which prevent wide-scale use of private wells and septic systems on small lots.
C. 
Prior to the adoption of Local Law No. 5 of 1988, Limited Building and Subdivision Moratorium,[1] there was a tremendous increase in subdivision activity and building construction in the town.
[1]
Editor's Note: Local Law No. 5-1988 was repealed 5-10-1989 by L.L. No. 4-1989.
D. 
The town has made comprehensive revisions to its subdivision laws by the adoption of Local Law No. 2 of 1989, Subdivision of Land.[2]
[2]
Editor's Note: See Ch. 41, Subdivision of Land.
E. 
Public comment at hearings held relative to the adoption of Local Law No. 2 of 1989[3] focused attention on the need to prevent the creation of small lots within the town until a Zoning Law can be adopted permanently establishing lot size regulations.
[3]
Editor's Note: See Ch. 41, Subdivision of Land.
F. 
Public concern has also been expressed that, without some type of Zoning Law in effect, land uses will be created which are incompatible with the town's rural character.
G. 
The Planning Board has unanimously recommended to the Town Board that a moratorium be imposed on all nonresidential construction until a Master Plan and Zoning Law are adopted.
H. 
Professional planners engaged by the town to assist with the development of a Master Plan have submitted a draft Master Plan to the Town Board for review and consideration.
I. 
On August 8, 1990, according to the provisions of the New York State Code of Rules and Regulations Part 617, the Town Board declared itself lead agency pursuant to Article 8 of the Environmental Conservation Law in connection with adoption of a Master Plan.
J. 
The Town Board has appointed a Zoning Commission, which has held meetings on a regular basis and is now in the process finalizing a draft Zoning Law to be recommended to the Town Board for further review, public hearings and consideration for adoption.
K. 
This action is an exempt action under the State Environmental Quality Review Act.[4]
[4]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
A. 
Building permits. For a period of six months following the date of adoption of this Article, no building permits shall be granted by the Code Enforcement Officer, except permits for:
(1) 
Single-family detached residential structures.
(2) 
Garages, barns and outbuildings customarily appurtenant to single-family homes.
(3) 
Buildings or structures to be constructed by schools, churches, libraries, municipalities, not-for-profit corporations or service organizations.
B. 
Subdivisions. For a period of six months following the adoption of this Article, no subdivision plat shall be reviewed or approved by the Planning Board, which plat proposes to create:
(1) 
One or more lots less than two acres [87,120 square feet] in size.
(2) 
One or more lots without frontage on an existing public street or a public street to be constructed in accordance with the provisions of the Town of Neversink Street Specifications[1] and the Town of Neversink Subdivision Law.[2]
[1]
Editor's Note: See Ch. A51, Street Specifications.
[2]
Editor's Note: See Ch. 41, Subdivision of Land.
C. 
Nonresidential land use activities. For a period of six months following the date of adoption of this Article, no commercial or industrial use or activity shall be established or created nor shall any existing commercial or industrial use or activity be expanded.
D. 
During the period of the moratorium, the town shall endeavor to adopt a Master Plan for the comprehensive development of the town and finalize for consideration and adoption of a Zoning Law.
This moratorium may be extended for up to two additional periods of up to three months each by resolution of the Town Board upon a finding of necessity for such extension.
A. 
Building permits. The Town Board, by duly adopted resolution, may authorize the issuance of a building permit otherwise not allowed by this Article, subject to whatever conditions are deemed necessary and subject to the regular requirements for such building permit, upon a showing by persons whose premises are affected by this moratorium that relief therefrom is necessary.
(1) 
To protect the health, safety and welfare of such persons or the public at large; or
(2) 
To allow for expansion or improvement of a commercial enterprise located within the town which existed on May 11, 1988.
B. 
Subdivisions. The Town Board, by duly adopted resolution, may authorize the Planning Board to review and consider for approval or disapproval a subdivision plat, the review of which is otherwise precluded by this Article, subject to the regular review process for such subdivision plat, under circumstances where:
(1) 
The purpose of the subdivision is to add land area to an adjoining parcel of land; or
(2) 
The purpose of the subdivision is to create a parcel of land which is restricted against construction of improvements, including, by way of example and not limitation, a parcel necessary to provide access to another parcel of land.
C. 
Commercial or industrial activities. The Town Board, by duly adopted resolution, may authorize the establishment or creation of a commercial or industrial land use or activity otherwise not allowed by this Article, subject to whatever conditions are deemed necessary and subject to the regular requirements for such a use or activity, upon a showing by the persons whose premises are affected by this moratorium that relief therefrom is necessary to allow for expansion or improvement of a legal nonresidential land use or activity which existed on October 10, 1990.
This Article is enacted pursuant to the provisions of the Town Law and the Municipal Home Rule Law and specifically supersedes any contrary laws, ordinances and provisions, including but not limited to § 276, Subdivision 4, of the Town Law.
Any person who shall build or construct any building or structure or who shall subdivide land or who shall establish or create any nonresidential land use in violation of this Article shall be guilty of a violation and subject to a fine not to exceed $250 or 15 days in jail, or both. Each week a violation continues shall be considered a separate violation.
If any sentence, clause, subdivision, paragraph or section of this Article is adjudged by any court of competent jurisdiction to be invalid, such judgment shall be confined in its operation to the sentence, clause, subdivision, paragraph or section thereof directly involved in the controversy in which said judgment shall have been rendered.
This Article shall take effect immediately.